Voting Rights and Suffrage/Philosophical Origins/Tradition contributions/Lockean Thought/English Empiricism

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What have religious and philosophical traditions contributed to our understanding of this right?

Lockean Thought/English Empiricism

In his second treatise of government, John Locke rejects the divine right of kings, stating that men are, by nature, equal and free. When a political society is therefore formed, it will reflect this state of nature, existing only with the consent of the governed and practiced under majority rule. There is an inherent relationship between the people and the state, wherein citizens give up some of their natural rights with the trust that the government will act in the common good - if the government fails to do so, the people also have the autonomy to choose a new government. Locke therefore, makes the argument that humans naturally govern under the consent of the majority, staunchly supporting political franchise.

In the first two chapters of the treatise, Locke disproves the divine right of kings and establishes the natural state of man to be equal and free. Most of the first chapter addresses Sir Robert Filmer, who made the argument that Adam had authority from God to rule, therefore enshrining the divine right of kings, as his heirs would assume positions of power. Locke states that “Adam had not…any such authority over his children or dominion over the world…[and] if he had, his heirs yet had no right to it…[and] that [even] if his heirs had…the right of succession, and consequently of bearing rule, could not have been certainly determined” (Locke, An Essay, 695). Locke makes the argument that Adam had no such inherent right to rule by distinguishing that “private dominion and parental jurisdiction” (Locke, An Essay, 695) are not the basis of political power; instead, God, as the ruler of all men, created them in “a state of perfect freedom” (Locke, An Essay, 696), where no one individual holds advantages or superiority over another. This natural state of freedom is “not a state of licence” (Locke, An Essay, 696), however, as the law of nature - reason - ensures that “no one ought to harm another in his life, health, liberty, or possessions” (Locke, An Essay, 697). Freedom and equality, therefore, are the basis of the natural state, governed by reason, and ultimately rejecting absolute rule as a violation of this natural state.

Locke then discusses the formation of political societies, reflecting the natural state, which exists with the consent of the governed. He states that “men being… by nature all free, equal, and independent, no one can be put out of this estate, and subjected to the political power of another, without his own consent” (Locke, An Essay, 743), thereby establishing the right of citizens to choose their leaders. Once a civil society is established, it must operate under majority rule, as “the consent of every individual… made that community one body, with a power to act as one body, which is only by the will and determination of the majority” (Locke, An Essay, 743). The operation of a political society is the will of the majority, which reflects the consent of each individual to participate within such a society. He claims that majority rule, therefore, is not only naturally assumed, but the most practical form of governance, since “the consent of every individual… next to impossible ever to be had” (Locke, An Essay, 744). Locke claims that this is a phenomenon to be seen throughout all of history, even in the cases of “nations which have no certain kings, but as occasion is offered, in peace or war, they choose their captains as they please” (Locke, An Essay, 745). He uses this to show that even in these cases, there was a mutual agreement between subject and ruler, and that these political societies began “from a voluntary union” (Locke, An Essay, 745). Therefore, Locke asserts the rationale behind the conclusion that “all peaceful beginnings of government have been laid in the consent of the people” (Locke, An Essay, 751).

However, despite the existence of the natural state and natural laws, there is still a purpose for the government. Locke explains that because men do not respect others’ freedoms, the state of nature must be governed by authority. Being “ constantly exposed to the invasion of others… it is not without reason that he seeks out, and is willing to join in society with others, who are already united, or have a mind to unite, for the mutual preservation of their lives, liberties and estates” (Locke, An Essay, 757). He identifies three key traits lacking in the state of nature, that being the relativity of right and wrong, the lack of an impartial judgment, and the inability to enforce punishment (Locke, An Essay, 757). It is for these reasons that the government has a purpose to serve in the common good - safeguarding the life, liberty and property of citizens through the creation of legislation and enforcement of such. In return for this service, citizens can be expected to give up some of their own natural rights, namely the right to self preservation and the right to punishment (Locke, An Essay, 758). Locke states that “both these he gives up, when he joins in a private, if I may so call it, or particular political society, and incorporates into any common­wealth, separate from the rest of mankind” (Locke, An Essay, 758). This is the form of social contract, wherein citizens exchange some of their natural rights for the protection of the state, which is expected to use its powers to act in the common good (Locke, An Essay, 758).

If this social contract is violated by the government, then “the people are at liberty to provide for themselves, by erecting a new legislative, differing from the other by the change of persons, or form, or both, as they shall find it most for their safety and good” (Locke, An Essay, 809). There are two instances when this may occur: firstly, the dissolution of the government, and the second when the government acts contrary to the trust of the people (Locke, An Essay, 808-810). Locke concludes that the power which individuals hold is given to the government so long as the commonwealth lasts, as “[the people] have given up their political power to the legislative, and cannot resume it” (Locke, An Essay, 823). However, there is a limitation to this power, in that it is only a temporary one, and in the instance of the abuse of power, forfeiture, or completion of term, the people have the right to “erect a new form [of government], or under the old form place it in new hands, as they think good” (Locke, An Essay, 823).

Throughout the second treatise, Locke makes the case for universal suffrage. Locke, by establishing the natural state of man, asserts that there is an inherent right to choose a government under majority rule. The government is expected to act in the common good of the people, and if these terms of the social contract are not met, the government can be replaced by the people as well.

References:

Locke, John. An Essay Concerning Human Understanding: with the second treatise of government. Wordsworth Classics of World Literature, 2015.